Legal Practitioners Ordinance
(Cap. 159)
Sections 27-31


27.	Power of Court to admit barristers

(1)	The Court may, in such manner as may be prescribed by the
	Chief Justice, admit as a barrister of the Supreme Court
	in Hong Kong, any person who satisfies the following
	requirements, that is to say -

	(a)	(i)	he has been called to the Bar in
			England or Northern Ireland;
		(ii)	he has been admitted as an advocate in
			Scotland;
		(iii)	he is a Bachelor of Laws of the University
			of Hong Kong or the City Polytechnic of Hong
			Kong and has obtained a Postgraduate Certificate
			in Laws;
		(iv)	he has obtained a Postgraduate Certificate
			in Laws and he is a Hong Kong permanent
			resident within the meaning of the Immigration
			Ordinance (Cap. 115), or is a Commonwealth
			citizen or citizen of the Republic of
			Ireland who has been ordinarily resident in
			Hong Kong for a period of at least 7 years; or
		(v)	he has been admitted as a solicitor in
			Hong Kong for at least 3 years
			immediately or recently before the date of
			his application for admission and
			during that time he was in practice as a
			solicitor in Hong Kong or employed in the
			public service of the Government as a legal
			officer as defined in section 3(1AF);

	(b)	he is not at the time of the application disbarred
		or removed from the roll of advocates in Scotland
		or suspended from practice as such barrister or
		advocate;

	(c)	he is not in practice as a solicitor either on his own
		account or as a partner or salaried employee in a
		firm of solicitors practising in Hong Kong;

	(d)	(Repealed)

	(e)	he has been ordinarily resident in Hong Kong for a
		period of at least 8 consecutive months immediately
		prior to the date of his application for admission
		or satisfies the Court that he intends to be
		ordinarily resident in Hong Kong.


(1A)	In addition to the requirements under subsection (1)(a)(i) or
	(ii), a person must also -

	(a)	have practised as a barrister or advocate in the
		United Kingdom for at least 3 years;

	(b)	be a Hong Kong permanent resident as defined in
		the Immigration Ordinance (Cap.115); or

	(c)	have been ordinarily resident in Hong Kong for at
		least 7 years.


(1B)	If at the time of admission under subsection (1) the person
	is a solicitor, the Registrar shall remove the person's name
	from the roll of solicitors.



(2)	The Court may admit a person as a barrister under this section -

	(a)	(Repealed)

	(b)	either generally or for the purpose of any particular
		case or cases and may impose on a person so admitted
		restrictions and conditions as the Court may see fit,
		notwithstanding that such person does not satisfy
		the requirements of subsection (1)(e) and subsection
		(1A).


(3)	The Court may, when admitting a person as a barrister, sit
	in chambers.


(4)	In this section -


	"Commonwealth citizen" means a person who is
	recognized by the law of a Commonwealth country as being a
	citizen of that country;

	"Commonwealth country" means a country that is an
	independent sovereign member of the Commonwealth.


27A.	Additional power of Court to admit barristers

(1)	In addition to the powers conferred on it by section 27, but
	subject to subsection (2), the Court may, after the Chief
	Justice has consulted the Attorney General and the Bar Council,
	admit a person as a barrister of the Supreme Court of Hong
	Kong, in such manner as may be prescribed by the Chief
	Justice, if the Court is satisfied that he -

	(a)	has been admitted as a barrister in a jurisdiction
		listed in Schedule 1 or if there is no admission of
		barristers in such jurisdiction, as a legal practitioner
		in that jurisdiction;

	(b)	has experience in advocacy;

	(c)	has been employed for at least 7 years in the Legal
		Department of the Government as a legal officer
		within the meaning of the Legal Officers Ordinance
		(Cap. 87);

	(d)	has been so employed -

		(i)	for a period of at least 3 years; and
		(ii)	either immediately or recently before the date
			of his application for admission, on work similar
			to that usually undertaken in the course of
			his practice by a barrister in Hong Kong of
			10 years seniority; and

	(e)	intends, if admitted, to practise as a barrister in
		Hong Kong within 12 months after his admission.


(2)	The Court shall not admit as barristers, under subsection (1),
	more than 4 persons in any period of 12 months.


(3)	Where a person admitted as a barrister under this section does
	not commence practice as a barrister in Hong Kong within 12
	months after his admission, the Court may, after the Chief
	Justice has consulted the Attorney General and the Bar
	Council, order that the person's name be struck off the
	roll of barristers.

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SCHEDULE 1 [ss.3 & 27A]

	1.	The States and Territories of the Commonwealth of
		Australia.
	2.	The Territories and Provinces of Canada, except
		Quebec.
	3.	New Zealand.
	4.	The Republic of Ireland.
	5.	Zimbabwe.
	6.	Singapore.

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28.	Formalities for admission of a barrister

Save as may be prescribed by the Chief Justice, no person shall be
admitted as a barrister unless he has deposited with the Registrar
his certificate of call to the Bar in England or Northern Ireland,
his certificate of admission as an advocate in Scotland, documentary
evidence of his practice or employment in the case of an admission
under section 27(1)(a)(v) or his Postgraduate Certificate in Laws,
as the case may be, and has filed in the Court an affidavit of
identity in such form as may be prescribed by the Chief Justice
together with an affidavit showing the manner in which he satisfies
the requirements set out in section 27(1).


29.	Roll of barristers

(1)	The Registrar shall keep a roll of all barristers admitted
	by the Court under sections 27 and 27A and shall have custody
	of the roll of barristers and of all documents relating
	thereto and shall allow any person to inspect the roll of
	barristers during office hours without payment.

(2)	The Registrar, upon production of a certificate of admission
	signed by the Chief Justice and upon payment to the Registrar
	of such fee as may be prescribed by the Chief Justice, shall
	enter upon the roll of barristers the name of the person
	enrolled.


30.	Practising certificates - barristers

(1)	The Bar Council, upon application in writing by a barrister
	in the month of November in a year and upon payment of such
	fee as may be prescribed by the Bar Council and upon being
	satisfied in such manner as may be prescribed by the Bar
	Council that the person to whom the application relates is
	qualified to practise as a barrister or is qualified to practise
	to a limited extent under section 31(2), shall issue to the
	applicant a practising certificate as a barrister in such form
	as may be prescribed by the Bar Council for the period of one
	calendar year from 1 January next following the date of the
	application :

	Provided that -

	(a)	the Bar Council, in its absolute discretion and upon
		such condition as it may consider necessary, may permit
		the application for a practising certificate to be
		made under this subsection at any time and upon such
		application may issue to the applicant a practising
		certificate for any period not exceeding one calendar
		year and ending on 31 December in any year; and

	(b)	where the name of a barrister is removed from or struck
		off the roll of barristers, the practising certificate
		of that barrister shall automatically determine without
		any entitlement to any refund of the prescribed fee or
		of any part thereof.


(2)	The publication in the Gazette by the Bar Council of a list of
	the names and addresses of those barristers who have obtained
	practising certificates for the period therein stated shall be
	prima facie evidence that each person named therein is a person
	qualified under section 31 to practise as a barrister and to
	whom a practising certificate for the period specified in such
	list has been issued under this section and the absence from
	any such list of the name of any person shall be prima facie
	evidence that such person is not so qualified.


(3)	Except with respect to an applicant who has been admitted
	under section 27(2) for a particular case or cases, a practising
	certificate may only be issued to an applicant who has paid
	to the Hong Kong Bar Association the membership subscription

	in respect of the period for which the practising certificate
	is to be issued.


(4)	Subject to the prior approval of the Chief Justice, the Bar
	Council may make rules regulating the issue to barristers of
	practising certificates and the fees payable for, the
	conditions of issue of, the manner of applying for, the period
	and form of, the publication of the issue and the suspension
	of practising certificates and in relation to practising
	certificates generally.



31.	Qualifications for practising as barrister

(1)	A barrister shall not be qualified to practise as such -

	(a)	subject to subsection (2), unless he has completed
		the prescribed qualifying period of active practice;

	(b)	unless he holds a valid practising certificate;

	(c)	having qualified for admission as a barrister by
		virtue of section 27(1)(a)(i) or (ii), unless he
		continues to be a barrister in England or Northern
		Ireland or an advocate in Scotland and is not there
		suspended from practice as such;

	(d)	if he is suspended from practice under section 37;

	(e)	if he is on the roll of solicitors or he is a
		solicitor on his own account or a partner or 
		salaried employee of a firm of solicitors practising
		in the United Kingdom.


(2)	After the expiry of the first 6 months of the prescribed
	qualifying period of active practice, a barrister shall be
	qualified to practise as a barrister to such limited extent
	as the Bar Council may determine.



Legal Practitioners Ordinance

ADMISSION AND REGISTRATION RULES
(Cap. 159, Section 72)

PART III  BARRISTERS


8.	Application for admission as barrister

(1)	Any person seeking to be admitted as a barrister shall file
	with the Registrar a motion paper to move the Court on such
	date as shall be fixed by the Registrar, which shall not be
	less than -

	(a)	30 days after the filing of the motion paper, if he
		is seeking to be admitted generally; or

	(b)	14 days after the filing of the motion paper, if he
		is seeking to be admitted for the purpose of any
		particular case or cases, and shall pay to the
		Registrar the prescribed fee.


(2)	Every motion paper in respect of a person seeking to be
	admitted under section 27 of the Ordinance as a barrister
	generally shall be accompanied by -

	(a)	(i)	his certificate of call to the Bar in England
			or Northern Ireland;

		(ii)	his certificate of admission as an advocate
			in Scotland;

		(iii)	his Bachelor of Laws degree certificate awarded
			by the University of Hong Kong or the City
			Polytechnic of Hong Kong and his Postgraduate
			Certificate in Laws;

		(iv)	his Postgraduate Certificate in Laws, together
			with satisfactory evidence that he is a Hong
			Kong permanent resident within the meaning of
			the Immigration Ordinance (Cap. 115), or is
			a Commonwealth citizen or citizen of the
			Republic of Ireland who has been ordinarily
			resident in Hong Kong for a period of at least
			7 years; or

		(v)	a certificate from the Registrar in accordance
			with Form 10 in the Schedule setting out the
			date of admission of the applicant as a
			solicitor in Hong Kong and, where the applicant
			has been admitted on more than one occasion,
			the date of each such admission and stating
			the period of periods, as the case may be,
			during which his name has been on the roll of
			solicitors;

	(b)	an affidavit of identity in accordance with Form 5 in
		the Schedule completed by an officer of the Court; and

	(c)	an affidavit showing the manner in which he satisfies the
		requirements of section 27(1) of the Ordinance, and,
		if applicable, section 27(1A) of the Ordinance.


(3)	(a)	Every motion paper in respect of a person seeking to
		be admitted as a barrister for the purpose of any
		particular case or cases shall be accompanied by
		an affidavit showing the manner in which he satisfies
		the requirements of section 27(1) and, if applicable,
		(1A) of the Ordinance, other than those mentioned in
		section 27(1)(e).

	(b)	The Chief Justice may, in circumstances where it
		appears to him necessary, require that the motion
		paper in respect of any person referred to in paragraph
		(a) shall, in addition to the affidavit referred to
		in that paragraph, be accompanied by -

		(i)	any other document referred to in subrule
			(2); or

		(ii)	such other proof as the Chief Justice may
			consider satisfactory, of the matters evidenced
			by any document referred to in subrule (2).


(3A)	Every motion paper in respect of a person seeking to be admitted
	as a barrister under section 27A of the Ordinance shall be
	accompanied by -

	(a)	a certificate of admission as a barrister or legal
		practitioner from the appropriate authority in the
		jurisdiction in which he was admitted, together
		with evidence that the certificate of admission is
		currently valid and in force;

	(b)	an affidavit attesting to each of the matters which
		an applicant must establish as set out in that section;

	(c)	a certificate from the Attorney General stating the
		period during which the applicant has been employed
		in the Legal Department of the Government as a
		legal officer within the meaning of the Legal
		Officers Ordinance (Cap. 87); and

	(d)	an affidavit of identity in accordance with Form 5
		in the Schedule completed by an officer of the Court.


(4)	A copy of the motion paper referred to in subrule (1) and of
	every document accompanying the motion paper in accordance
	with subrules (2), (3) and (3A) shall be served on the
	Attorney General and on the Secretary to the Bar Council
	by the person seeking to be admitted at the time that
	such motion paper is filed with the Registrar.



9.	Admission

(1)	On the date of hearing of the motion under rule 8 or any
	adjournment thereof by the Court, the Attorney General or
	Counsel shall move the Court that the person concerned be
	admitted and enrolled as a barrister.

(2)	The Court, upon hearing the Attorney General or such
	Counsel and upon hearing any representation which may be
	made by or on behalf of the Bar Council or of the Attorney
	General and upon being satisfied that the applicant is
	eligible for admission as a barrister, may order that the
	applicant be admitted as a barrister or, if the Court is
	not so satisfied, may dismiss the application upon such
	terms as regards costs or otherwise as the Court may deem
	appropriate.


10.	Form of roll of barristers

	The roll of barristers shall be in accordance with Form 8
	in the Schedule.


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SCHEDULE Form 5 [rules 4, 8 & 11]

Admission and Registration Rules


AFFIDAVIT OF IDENTITY

	I, ..................................... of

...................................................................

Hong Kong, Solicitor, make oath and say (or solemnly and sincerely

declare and affirm) as follows -


	1.	The photograph attached hereto and marked " "

is a true likeness of ............................................. of

......................................................................

Hong Kong, a ...................................................... *

the applicant herein.


	2.	I have examined [ Hong Kong Identity Card No.

................................] [ passport No. ................ ]# of

the said .............................................................

and I am satisfied that from such examination  that  he  is  the 

person  shown  in  the  photograph  attached  hereto  and that he is

the applicant in these proceedings.



SWORN/DECLARED at .................. Hong Kong	}

this .................... day of ......................., 19  .}


	Before me



	Commissioner for Oaths / Solicitors.



*  A solicitor of the Supreme Court of Judicature in England.
   A solicitor of the Supreme Court of Judicature in Scotland.
   A solicitor of the Supreme Court of Judicature in Northern Ireland.
   A barrister of the English Bar.
   An advocate of the Scottish Bar.
   A barrister of the Northern Ireland Bar.
   A notary public.
   A holder of a Postgraduate Certificate in Laws.
#  Delete whichever is inapplicable.


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Form 10 [rule 8]

Admission and Registration Rules



CERTIFICATE AS TO DATE OF ADMISSION


	I HEREBY CERTIFY THAT ................................. was

duly admitted as a solicitor of the Supreme Court of Hong Kong

on  the ................. day of ............................., 19 

............. and .........................................

.................................................................and

his name has been on the Roll of Solicitors continuously  between

the following dates - ..............................................

....................................................................

..................


	Dated this .......... day of ..............., 19 ........




					........................

					       Registrar
					     Supreme Court
					       Hong Kong.




Legal Practitioners Ordinance

BARRISTERS (QUALIFICATION) RULES
(Cap. 159, sections 72 and 72A)


1.	Citation

These rules may be cited as the Barristers (Qualification) Rules. 2. General admission before 1 June 1986: qualifying period of active practice (1) Where a person is admitted as a barrister generally under section 27(1)(a)(i) or (ii) of the Ordinance before 1 June 1986, the qualifying period of active practice for the purposes of section 31 of the Ordinance shall be a period of not less than 12 months of active practice as a barrister or advocate in any part of the Commonwealth after the date of that person's call to the Bar in England or Northern Ireland or his admission as an advocate in Scotland or, in the case of a person who, prior to his call to the Bar in England or Northern Ireland or admission as an advocate in Scotland, had been admitted as a barrister or advocate in any part of the Commonwealth, after the date of his being so admitted, which period may include - (a) if the person has obtained a certificate issued by the Council of Legal Education that he has satisfactorily completed the Council's Post Final Practical Course, the period of such course; (b) any period spent as a pupil in the chambers of a practising barrister in England or Northern Ireland or of a practising member of the Faculty of Advocates in Scotland; (c) any period spent as a pupil in the chambers of a practising barrister in Hong Kong; (d) any period not exceeding 9 months spent as a pupil in the Attorney General's Chambers, which period may include a period not exceeding 3 months on secondment to the Legal Aid Department. (2) The period of 12 months specified in paragraph (1) shall be reduced - (a) by the period of any course referred to in sub-paragraph (a) of that paragraph completed before the date of call to the Bar in England or Northern Ireland or admission as an advocate in Scotland; (b) by any period spent as a pupil in the chambers of a practising barrister in England or Northern Ireland or of a practising member of the Faculty of Advocates in Scotland after taking all the examinations the passing of which qualifies a person for call to the Bar in England or Northern Ireland or for admission as an advocate in Scotland if the pupil passes those examinations and is called to the Bar or is admitted, as the case may be, on the next occasion immediately following the commencement of the pupillage; (c) by any period not exceeding one month spent as a judge's marshall after the date of call to the Bar in England or Northern Ireland or admission as an advocate in Scotland. (3) Where a person is admitted as a barrister generally under section 27(1)(a)(iii) or (iv) of the Ordinance before 1 June 1986, the qualifying period of active practice for the purposes of section 31 of the Ordinance shall be the period of approved pupillage under these rules, which period may include any period spent as a pupil in the chambers of a practising barrister in England or Northern Ireland or of a practising member of the Faculty of Advocates in Scotland. 2A. Admission for particular cases: qualifying period of active practice Where a person is admitted as a barrister for the purpose of any particular case or cases under section 27 of the Ordinance, the qualifying period of active practice for the purposes of section 31 of the Ordinance shall be a period of not less than 12 months of active practice as a barrister or advocate in any part of the Commonwealth after the date of that person's call to the Bar in England or Northern Ireland or his admission as an advocate in Scotland or, in the case of a person who, prior to his call to the Bar of England or Northern Ireland or admission as an advocate in Scotland, had been admitted as a barrister or advocate in any part of the Commonwealth, after the date of his being so admitted. 2B. General admission on or after 1 June 1986: qualifying period of active practice Where a person is admitted as a barrister generally under section 27 or 27A of the Ordinance on or after 1 June 1986, the qualifying period of active practice for the purposes of section 31 shall be the period of approved pupillage under these rules. 3. Application for pupillage in Hong Kong A person desiring to become a pupil in Hong Kong shall - (a) give to the Secretary to the Bar Council not less than 3 weeks' notice in writing of his intention to serve a pupillage in Hong Kong, stating whether he wishes to serve his pupillage - (i) with a practising barrister; or (ii) in the Attorney General's Chambers, and if with a practising barrister, stating the name and professional address of that barrister; (b) deposit with the Bar Council a certificate from the Registrar of the Supreme Court that the applicant has been admitted as a barrister in Hong Kong and separate certificates of good character from two responsible persons who have known him for one year or more and have had opportunity of judging his character; (c) deposit with the Bar Council a written declaration and undertaking that - (i) he is not in practice as a solicitor either on his own account or as a partner or employee in any legal firm whether in Hong Kong or elsewhere and that he does not intend, so long as he remains a pupil, to practise as a solicitor either on his own account or as a partner or employee in any firm in Hong Kong or elsewhere; (ii) he is not enrolled and, so long as he remains a pupil, will not be enrolled as a student, trainee solicitor or member of The Law Society of Hong Kong. 4. Approval of Bar Council A practising barrister shall not receive a pupil into his chambers unless he has first obtained the approval of the Bar Council to the pupillage. 5. Disqualification A person shall not be eligible to become a pupil for the purposes of these rules if he - (a) is an undischarged bankrupt; (b) has been convicted of a criminal offence of such a nature as, in the opinion of the Bar Council, makes his admission as a pupil undesirable; (c) is engaged in any occupation which, in the opinion of the Bar Council, is incompatible with pupillage; or (d) is for any other reason considered by the Bar Council to be unsuitable as a pupil. 6. Approval of pupillage The Bar Council shall, if it is satisfied that the applicant has complied with the requirements of rule 3 that he is a fit and suitable person and is not ineligible by virtue of rule 5, and if he wishes to serve his pupillage with a practising barrister, that the practising barrister with whom he wishes to serve his pupillage has obtained the approval of the Bar Council to the pupillage under rule 4, approve him as a pupil. 7. Termination of pupillage (1) A pupil who, while serving pupillage, is - (a) adjudicated bankrupt; (b) convicted of a criminal offence; or (c) engaged, employed or enrolled in contravention of his written declaration and undertaking, shall forthwith inform the Bar Council in writing. (2) The Bar Council may approve the transfer of pupillage from one practising barrister to another or from a practising barrister to the Attorney General's Chambers or from the Attorney General's Chambers to a practising barrister. (3) The Bar Council may order the termination or suspension of a pupillage if it is satisfied that - (a) the pupil has been guilty of misconduct; or (b) the pupil has notified, or failed to notify the Bar Council, of the occurrence of any of the matters referred to in paragraph (1). (4) For the purposes of this rule "misconduct" means any conduct which would be regarded as professional misconduct if committed by a practising barrister. 8. Appeals (1) Any person who is aggrieved by an order or decision of the Chief Justice or the Bar Council under these rules may, by notice of motion, appeal to the Court of Appeal against the order or decision. (2) The notice of motion shall state the grounds of the appeal and shall be served on the Bar Council as Respondents and on the Attorney General. (3) At the hearing before the Court of Appeal the applicant, the Bar Council and the Attorney General may be represented by counsel and adduce evidence. (4) The Court of Appeal may confirm, vary or quash the order or decision and make such order as to costs as it thinks fit. 9. Requirements of pupillage (1) The period of approved pupillage under these rules shall be - (a) a period of not less than 1 year in the chambers of a practising barrister (of not less than 5 years standing as a barrister) in Hong Kong; or (b) a period of not less than 9 months in the Attorney General's Chambers, which may include a period not exceeding 3 months on secondment to the Legal Aid Department, so long as he has also spent a period of not less than 3 months in such service as is described in sub-paragraph (a). (2) The period of approved pupillage mentioned in paragraph (1) shall be reduced by any period not exceeding one month spent as a judge's marshall in Hong Kong after the date of admission as a barrister in Hong Kong. (3) A person shall not be regarded as having undertaken the period of approved pupillage under these rules unless he has obtained from those of whom he has been a pupil certificates stating he has served his period of pupillage with diligence and that he is a suitable person to practise as a barrister in Hong Kong. (4) Any period of work in the nature of pupillage undertaken in the Attorney General's Chambers or in the chambers of a practising barrister (of not less than 5 years standing as a barrister) in Hong Kong after being called to the Bar in England or Northern Ireland, being admitted as an advocate in Scotland or taking all the examinations the passing of which qualifies a person for admission as a barrister in Hong Kong may at the discretion of the Bar Council be accepted, if he is so called or admitted or if he passes those examinations, as a period of approved pupillage, or part thereof, as required by these rules. 10. Reduction of pupillage The Chief Justice may, after consulting the Bar Council, reduce the period of approved pupillage mentioned in rule 9 where he is satisfied that a barrister admitted under section 27 of the Ordinance has substantial experience in advocacy in court : Provided that the period of pupillage required to be served shall not be less than 3 months. 11. (Repealed) 12. Reduction of or dispensation with pupillage of a barrister admitted under section 27A (1) The Chief Justice may, after consulting the Bar Council and the Attorney General, reduce or dispense with the period of approved pupillage mentioned in rule 9 where he is satisfied that a barrister admitted under section 27A of the Ordinance has substantial experience in advocacy in court. (2) The Chief Justice may make reduction or dispensation of the period of approved pupillage subject to conditions that he may specify.